Other conditions decisions — 2007

The veteran claims compensation under 38 U.S.C.A. § 1151 for additional disability due to VA medical or surgical treatment, associated with a left lower lobectomy in January 2003. The appeal is being remanded for further development and consideration.

The Board found that the veteran's claims for service connection were not substantiated by the evidence of record, as there is no current disability related to his in-service pneumonia or other conditions.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for mucoepidermoid carcinoma of the left palate due to exposure to ionizing radiation, which was previously denied in July 1982.

The Board denied the appellant's claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 because she did not meet the one-year marriage requirement prior to her husband's death in March 2004.

The Board has granted a 20 percent rating for the veteran's service-connected residuals of ureteroneocystostomy, right, with hydronephrosis and chronic epididymitis from October 4, 2006. Prior to that date, the disability was rated at 10 percent.

The Board has determined that the veteran's current low back disability, including a compression fracture of L2 sustained during service, is related to his military service and grants service connection for this condition.

The Board denied service connection for an internal chemical stomach burn due to a lack of evidence of current disability and the absence of a link between service and the condition.

The Board denied the veteran's request for waiver of overpayment of VA pension benefits due to a lack of timely filing, as he did not submit his request within the 180-day period following notification of indebtedness.

The Board denied the appellant's petition to reopen his claim for VA benefits due to a bad conduct discharge, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's serous retinopathy of the left eye, which resolved but resulted in mild retinal pigment changes causing distorted vision, warrants a 10 percent rating since the grant of service connection.

The Board has determined that the veteran's chronic residuals of left first metatarsophalangeal joint replacement are service-connected, with reasonable doubt resolved in favor of the claimant.

The Board has remanded the case due to incomplete medical records and the need for a VA examination by a pulmonary specialist.

The Board has determined that the veteran's degenerative joint disease of the right hip was incurred during his second period of active service and is therefore entitled to service connection.

The Board has determined that the veteran's son is a helpless child on the basis of permanent incapacity for self-support prior to attaining the age of 18 years.

The veteran's claim for school attendance of his son, J.T.B., from September 2004 to September 2005 is granted as the evidence shows that the information was timely filed in September 2004.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38. The Board found that the veteran's death was not due to a disease or injury incurred in service, and there is no evidence supporting the appellant's contention that his POW experience caused his terminal colon cancer.

The Board finds that the veteran's terminal bladder cancer, which caused his death in June 1992, was likely due to exposure to herbicides during his service in Vietnam. As a result, the claim for service connection for cause of death is granted.

The Board has determined that the veteran's OPCA is not related to his service, including exposure to Agent Orange. The evidence does not support a finding of a nexus between the veteran's brain disorder and herbicide exposure.

The veteran's increased evaluations for his psychophysiological musculoskeletal disorder and deformity at D12 to L1 have been granted, with the current ratings of 60 percent and 20 percent respectively.